Tag Archives: Bankruptcy

In a “Chapter 20” bankruptcy case – a Chapter 13 bankruptcy filed within four years of a Chapter 7 discharge – there is no per se rule barring lien-stripping, and the 4th Circuit affirms an order stripping off liens secured ...

A trio of Virginia-licensed lawyers recently found themselves facing criminal or disciplinary action in this state after first running afoul of authorities in Maryland. A lawyer who pleaded guilty in Maryland to taking part in a small business loan fraud ...

In this appeal by debtor National Heritage Foundation, the Alexandria U.S. District Court upholds the bankruptcy court’s decision that certain nondebtor release provisions of debtor’s fourth amended plan of reorganization were not warranted and should be severed from the reorganization ...

A 65-year-old student loan recipient who has trained and worked as an ophthalmologist, and who has a graduate degree in special education and has nearly completed a Ph. D. in education, has not demonstrated that her inability to make student ...

A debtor who transferred 90 percent of his interest in a 50-acre parcel to his mother for $10, but delayed notarizing the deed until shortly before the rescheduled foreclosure sale, and then failed to disclose his transfer, may not have ...

For the second time in a dozen years, a Virginia State Bar discipline panel has struggled with whether Virginia lawyers should be forced to defend their VSB privileges based on suspension or revocation by federal authorities. The issue of so-called ...

A Harrisonburg U.S. District Court upholds a bankruptcy court’s fee award to debtor’s counsel for work that included adversary proceedings and a motion to sell a parcel of real estate, based on the bankruptcy court’s interpretation of the Rule 2016(b) ...

In this bankruptcy proceeding by debtor homeowners’ association, the bankruptcy court erred in allowing proofs of claim filed by HOA members who say they suffered damages when they reasonably relied on false representations about allocation of parking spaces to townhomes ...

A Lynchburg U.S. District Court reverses a bankruptcy court’s denial of a creditor’s motion to have a debt declared nondischargeable; the bankruptcy court erred in its factual findings, and the district court concludes the creditor has proven fraudulent misrepresentations that ...

A $1.375 million transfer by debtor, an environmental engineering firm, to a Miller Act surety within 90 days of debtor’s bankruptcy filing was not an avoidable preference under 11 U.S.C. § 547(b), and the 4th Circuit affirms summary judgment for ...